UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-7632

DAVID FELTON,
Petitioner - Appellant,
versus
ERNEST SUTTON,
Respondent - Appellee.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., District
Judge. (CA-99-928-1)

Submitted:

March 22, 2001

Decided:

March 29, 2001

Before WILKINS, LUTTIG, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Felton, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE
OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:
David Felton seeks to appeal the district courts order denying relief on his petition filed under 28 U.S.C.A. 2254 (West
1994 & Supp. 2000).

We have reviewed the record and the district

courts opinion accepting the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of
the district court.
Oct. 17, 2000).
pauperis.

Felton v. Sutton, No. CA-99-928-1 (M.D.N.C.

We also deny Feltons motion to proceed in forma

Finally, we dispense with oral argument because the

facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional
process.

DISMISSED